Introduction
Life and death are fundamental aspects of human existence, pivotal enough to be treated equally under criminal law. Offenses such as murder, attempted murder, or aiding in such acts warrant the severest penalties, underscoring society’s utmost concern for the sanctity of life.
Within the realm of criminal law, crimes related to loss of life hold a unique significance. Culpable homicide, in particular, represents a profoundly delicate, complex, and grave offense.
Homicide Law in Nepal
Life and death hold profound importance in our lives, hence their equal treatment under criminal law. Perpetrating murder, attempted murder, or assisting in such acts invokes the harshest penalties under criminal statutes. Legal homicide encompasses both excusable and justifiable forms.
Unlawful homicide, classified as a punishable, criminal, or blameworthy act, is a serious offense within our legal framework.
Definition of Culpable Homicide
Culpable homicide refers to the unlawful killing of a person, deemed one of the most serious crimes. Unlike other offenses where losses or injuries can be rectified, the irreversibility of homicide highlights its gravity. Factors such as premeditation, the relationship between perpetrator and victim, the manner of killing, and intent are pivotal in determining the severity of the crime.
Under Nepali legal provisions, culpable homicide is classified based on various criteria, including the presence of intent or extreme emotional disturbance, or whether the act was accidental or mitigated.
Provisions in Nepali Law
Section 177 of the Criminal Code of 2074 addresses offenses against the human body, explicitly prohibiting intentional homicide. Perpetrators found guilty of causing death intentionally face severe penalties, including life imprisonment. Intent, a critical aspect of culpable homicide, can be established through circumstantial evidence, distinct from motive which, although influential, does not excuse criminal intent.
Death by Provocation or in the Heat of Passion
Section 179 of the Criminal Code of 2074 prohibits causing death under grave provocation or in a state of anger. Specific circumstances, such as loss of self-control or instant conflict, mitigate culpability in such cases. These provisions differentiate Nepali law from that of India and Britain, where legal statutes may reduce sentences for similar offenses.
Accidental Homicide or ‘Bhabitabya Hatya’
Accidental homicide, where death occurs unintentionally and without criminal intent, is excusable under Nepali law. Classified as third-degree culpable homicide under Section 182(3) of the Criminal Code of 2074, offenders may face imprisonment or fines, reflecting the gravity of unintentional loss of life.
Mitigated Homicide
Mitigated homicide may lead to reduced prison terms under certain circumstances. Unlike in British or Indian law, where it may be categorized as manslaughter or culpable homicide, Nepali legal provisions are distinct in their treatment of such cases. Section 39 of the Criminal Code of 2074 outlines factors that mitigate the severity of the offense, including age of the perpetrator, absence of criminal intent, provocation, or diminished capacity.
Mitigating Circumstances
Various factors can mitigate the severity of offenses, including the offender’s age, mental state, provocation, remorse, cooperation with authorities, and minimal harm caused.
Legal Provisions for Culpable Homicide Instances in Nepal
Jurisdiction
Section 2 of the Criminal Code of 2074 addresses extraterritorial offences committed outside Nepal.
Cases are filed in the district where the incident occurred.
Locus Standi:
Individuals have the right to file cases and respond to rights violations.
Power of attorney is generally not granted in criminal proceedings except in specific circumstances.
Section 43 of the Criminal Procedure Act of 2074 specifies who can submit a case, including government attorneys and concerned authorities.
Limitation:
Complaints must be filed within the legal time limit to protect rights.
Section 187 of the Criminal Code of 2074 sets limitations for offences involving the human body.
Certain types of culpable homicide have no statute of limitations, such as causing death by recklessness, negligence, or certain specific circumstances.
Nature of Culpable Homicide Case:
Considered a government party case under the Government Related Cases Act of 2049.
State responsibility to safeguard citizens; especially relevant in cases where individuals cannot protect themselves.
Procedure:
Emphasizes the format of the first information report (FIR) and preliminary report.
Includes offender’s statement during criminal investigation.
Decision-making process includes report opinions and evidence evaluation.
Preparation of charge sheet and necessary documents for case filing.
Conclusion
Understanding culpable homicide within Nepal’s legal context is essential for comprehending its implications for both offenders and the justice system. This overview aims to provide clarity on the legal principles governing homicide cases, emphasizing their critical role in upholding justice and societal order.
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Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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